Miss A Houlihan v B Guilder: 2400232/2020
JUDGMENT
[1]The claim is struck out.[2]The hearing listed for 21 May 2021 is cancelled.REASONS
[1]On 15 January 2021 the Tribunal held a case management preliminary hearing by telephone in this case. The claimant did not attend.[2]At that hearing case management orders were made, which included the requirement that if the claimant wished to pursue her claim she must write to the Tribunal to confirm that that was the case, and provide an explanation for her non-attendance. The case management orders were was 26 February 2021. The case management summary noted that if the claimant did not confirm that she was seeking to pursue the claim, it may be struck out on the basis that it was not being actively pursued.[3]No communication was received from the claimant. On 2 March 2021 the respondent wrote to the Tribunal to apply for an Unless Order in respect of the non-compliance.[4]The Tribunal considers that an Unless Order is not appropriate in this case, as the claimant was warned in the case management summary that the likely consequence of failing to comply with that order was that the claim would be struck out. There is nothing else to indicate that the claimant is continuing to pursue the claim. Therefore it is appropriate that the claim is now struck out on the grounds that it has not been actively pursued. Case No: 2400232/2020 17 March 2021